Ireland v. Kip

New York Supreme Court

Ireland v. Kip

10 Johns. 490

New York Supreme Court·Decided October 15, 1813·Published·Cited by 16 cases

Opinion

Per Curiam.

Putting the notice in the postoffice in the city of New-York was not sufficient in this case. There was no post-office at Kipss Bay, where the defendant resided, and the penny-post or letter-carrier does not deliver letters at that distance. The holder of the note was bound to give personal notice, or to see that the notice reached the dwelling-house of the defendant, the place of whose residence must have been known to him.

We are of opinion that a new trial ought to be awarded with costs to abide fop event of the suit.

New trial granted.

END OCTOBER TERM.

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Per Curiam.

Putting the notice in the postoffice in the city of New-York was not sufficient in this case. There was no post-office at Kipss Bay, where the defendant resided, and the penny-post or letter-carrier does not deliver letters at that distance. The holder of the note was bound to give personal notice, or to see that the notice reached the dwelling-house of the defendant, the place of whose residence must have been known to him.

We are of opinion that a new trial ought to be awarded with costs to abide fop event of the suit.

New trial granted.

END OCTOBER TERM.

Ireland v. Kip, 10 Johns. 490 (N.Y. Super. Ct. 1813).

Pincite

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Opinion

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